Disposed

Pawan @ Pandit @ Mahavir v. State of Haryana

Punjab & Haryana HC28 Nov 2023CRM-M/46768/2023

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana allowed the petitioner's bail petition to be withdrawn with liberty to file a fresh bail petition before the trial court, directing the trial court to decide it on top priority without being influenced by prior orders.

What did the court decide?

Petition disposed of as withdrawn with liberty to file fresh bail petition before trial court; trial court directed to decide on top priority.

Pawan @ Pandit @ Mahavir Vs State of Haryana — Bail and Remand | Punjab & Haryana HC (2023)

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2023:PHHC:150939

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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215

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CRM-M-46768-2023 Date of Decision:28.11.2023

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PAWAN @ PANDIT @ MAHAVIR ….PETITIONER

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STATE OF HARYANA ...RESPONDENT

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CORAM : HON'BLE MR. JUSTICE ANOOP CHITKARA

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Present: Ms. Gurmeet Kaur Dhillon, Advocate for Mr. Shokeen Singh Verma, Advocate for the pe oner.

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Mr. Rajat Gautam, Addl. AG, Haryana.

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ANOOP CHITKARA, J. (Oral)

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CRM-50005-2023

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Allowed as prayed for.

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Main case

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FIR No	Dated	Police Sta on	Sec ons
55	01.03.2022	Badhra, District	120-B, 409, 420, 467,	468,
		Charkhi Dadri	471 IPC (7 and 13	of
			Preven on of Corrup on 1988 added d inves ga on against	Act, uring co-
			accused Mukesh and against thepe oner.	not

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The pe oner had come up before this Court under Sec on 439 CrPC

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for seeking regular bail.

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Counsel for the pe oner seeks bail on the grounds of parity with coaccused Ravinder to whom a Co-oridnate Bench of this Court had granted regular bail. However the pe oner had filed his pe on under Sec on 439 Cr.P.C before the Sessions Court on 27.07.2022 and a;er that he has come up before this Court on 14.09.2023 on the grounds of parity a;er a lapse of more than one year.

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PRIYANKA 2023.11.29 13:52 I attest to the accuracy and integrity of this document

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CRM-M-46768-2023

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-22023:PHHC:150939

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State counsel submits that pe oner is not en tled to bail on parity with co-accused Ravinder because of his criminal history. However, counsel for the pe oner submits that this Court had granted regular bail to Ravinder on merits by considering the facts that witnesses had not supported.

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A;er arguing for some me, counsel for the pe oner submits that she be permi<ed to withdraw the present pe on with liberty to file regular bail pe on before the trial Court with clarifica on that while deciding the said bail trial Court will not advert to its earlier order of dismissal of the bail of pe oner as well as dismissal by this Court.

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Given above, the present pe on is disposed of as having been withdrawn with liberty to file afresh pe on for bail before the trial Court. Trial Court is directed to decide the said bail pe on on top priority, if filed, without being influenced by any previous order of rejec on by the trial Court or by this Court. All pending applica ons, if any, stand disposed.

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(ANOOP CHITKARA) JUDGE

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28.11.2023 pry

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Whether speaking/reasoned Yes/No Whether Reportable Yes/No

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PRIYANKA 2023.11.29 13:52 I attest to the accuracy and integrity of this document

Pawan @ Pandit @ Mahavir v. State of Haryana

Case brief

What is this about?

What did the court decide?

Pawan @ Pandit @ Mahavir v. State of Haryana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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